DISPUTE Flashcards

(43 cards)

1
Q

Disagreements between the parties involved in a contract.

A

Dispute

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2
Q

Construction disputes are not a __________ of contract but they may lead to it, a termination, or even claims threatening the contractor’s _________________.

A

breach, surety bond

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3
Q

A _________ of contract occurs when one party in a legally binding agreement fails to fulfill their OBLIGATIONS as outlined in the contract

A

breach

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4
Q

_______________ and ____________ often file liens when they don’t get paid.

A

subcontractor and supplier

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5
Q

A ______is a legal right or claim against a property by a creditor to secure the payment of a debt or obligation.

A

lien

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6
Q

Refers to a process through which two parties can come together and build a consensus to end the conflict.

A

Dispute Resolution

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7
Q

___________refers to a general agreement among a group of people. It doesn’t necessarily mean complete unanimity, but it implies that most members support the decision or can at least accept it, even if it’s not their first choice.

A

Consensus

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8
Q

Dispute Resolution can take many forms, such as _____________, ____________, or _______________.

A

negotiation, mediation, arbitration

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9
Q

is a term used to describe dispute resolution that do not involve going to court

A

Alternative Dispute Resolution

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10
Q

most informal method of dispute resolution, it involves direct discussion between parties to reach a mutually acceptable agreement.

A

Negotiation

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11
Q

involves a neutral third party, who facilitates discussion between parties to help them reach a resolution. It assists the parties in finding a common ground, collaborative approach, preserving relationships.

A

Mediation

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12
Q

More formal where a panel makes a binding decision on the dispute. Definitive resolution, complex disputes, specific rules and procedures.

A

Arbitration

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13
Q

involves someone who makes a decision based on the evidence presented, provide quick resolution, used in construction contracts

A

adjudication

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14
Q

resolving disputes through court system, time consuming and expensive

A

litigation

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15
Q

In this, the company defines the duties and obligations of the employer and employee.

A

Code of Discipline.

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16
Q

This is a predefined procedure that is specified in the labor contracts to be followed on case of any grievance.

A

Grievance Procedure

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17
Q

How to choose a dispute resolution method, 6 kaboowk

A

Type of Dispute
Parties involved
Jurisdiction
Time frame
The cost
The outcome

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18
Q

payment delays, interpretation issues

19
Q

minor claims, schedule adjustments

20
Q

payment disputes, contract breach

21
Q

design/build PPS, change orders

22
Q

negligence, structural failure

23
Q

Disputes shall first be referred to the ______________________. Its decision shall be binding unless referred to arbitration within 28 days.

A

Dispute Adjudication Board

24
Q

In construction, if negotiation fails, the parties shall submit the matter to mediation under the _________________________________ guidelines.

A

Construction Industry Arbitration Commission (CIAC).

25
A PPP project refers to a _______________ —a cooperative arrangement between one or more public sector entities (like governments) and private companies to finance, build, and operate projects that serve the public.
Public - Private - Partnership
26
This is an official document that OUTLINES modifications or adjustments to a project's original scope of work
Variation Order
27
They must always be issued in writing to protect both the owner and the contractor.
Variation order
28
This clearly shows additional cost and time needed for changes, helping owners and contractors make informed decision.
Variation Order
29
Changes in scope can lead to additional costs, including revised materials, labor, and equipment requirements.
Cost Overruns
30
Is a formal change to the original scope of work agreed upon by the parties involved.
variation order
31
this refers to a request for compensation or resolution due to a dispute or disagreement.
claim
32
_____________ and change orders are often used interchangeably
Variation and Change Order
33
It is one of the most common disputes in construction
Delay
34
delay beyond the contractor control
excusable delay
35
delay due to owner's fault; contractor entitled to additional time and/or costs.
Compensable Day
36
is a formal communication from a contractor to the client, informing them that an event has occurred that is causing - or is likely - a delay to the project
Notice of Delay
37
These days, many modern construction requires contractors to issue a NoD within a specific timeframe to preserve the right to claim an _______________
Extension of Time
38
An __________________ claim in construction is an extra time added to the initial contract duration, due to modifications made by clients, also submitted when there is a delay that cannot be reasonably foreseen.
Extension of Time
39
are usually enforced through liquidated damages (LDs) clauses, which predefine the amount of compensation due for each day of delay
Penalties
40
In projects, LD is often _____ or ____% of the delayed portions cost per day
1/10, 1
41
Maximum LD is usually capped at _______ % of the contract price
10 -15
42
indirect losses from elay, harder to prove and recover
consequential damages
43
owner's implied acceptance of late delivery
waiver/modification